Williams v. Mayor and Council of City of Athens, 45448
| Decision Date | 18 September 1970 |
| Docket Number | No. 45448,No. 1,45448,1 |
| Citation | 122 Ga.App. 465,177 S.E.2d 581 |
| Court | Georgia Court of Appeals |
| Parties | Joe WILLIAMS v. MAYOR & COUNCIL OF the CITY OF ATHENS |
Scott & Alexander, Guy B. Scott, Jr., Athens, for appellant.
Joseph J. Gaines, Athens, for appellee.
Syllabus Opinion by the Court
1. Defendant was found guilty in the recorder's court of possession of a pin ball machine in violation of a city ordinance of Athens in recorder's court. At the trial, defendant attacked the constitutionality of the ordinance. On certiorari to the superior court, motion was made by defendant calling upon the judge to disqualify himself as he drew the ordinance in question when he was the city attorney of Athens. The judge admitted authorship of the ordinance but declined to disqualify himself. The grounds for disqualification set forth in Code Ann. § 24-102 are exhaustive. Luke v. Batts, 11 Ga.App. 783, 76 S.E. 165. Drafting a city ordinance while acting as city attorney, the validity of which is now in issue, does not fall within any of the grounds for disqualification. See Carson v. Blair, 31 Ga.App. 60, 121 S.E. 517.
2. The ordinance in issue prohibits the possession and operation within the city limits of Athens any pin ball machine. Defendant contends that the ordinance is violative of the equal protection clause of the Fourteenth Amendment of the U.S. Constitution. A pin ball ordinance similar in content to this one and attacked on substantially the same grounds, was held constitutional by the Supreme Court in Woodward v. City of Lithonia, 191 Ga. 234, 11 S.E.2d 476.
Judgment affirmed.
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